Tag: NSW

Martial Law Or Just Do What You’re Told?

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Inventive Brisbane Ekka photo by David Kapernick

This may be Good Friday, but by any definition it’s not all that flash, given varying states of emergency in Australia and attempts to police COVID-19 restrictions (emergent but not quite martial law).

Well may you scoff, as hysteria spreads in the US about the very real prospect of the Commander in Chief ordering the armed forces to take over. Outspoken New York governor Andrew Cuomo has dismissed martial law rumours in his state, although he has tightened business restrictions. As always, the global situation changes by the day.

According to <militarynews.com>, there are more than enough believers that martial law could soon apply in some US states. As we should know, that means the abandonment of civil liberties, free speech and all recourse to legal protections through suspension of habeas corpus. This has happened in recent times in countries relatively close to us, including Fiji, East Timor and Aceh.

Martial law occurs when military control of normal civilian functions is imposed by a government. Civil liberties, such as the right to free movement or protection from unreasonable searches, can be suspended. Civilians may be arrested for violating curfews or for offences not considered serious enough (in normal times) to warrant detention.

The United States has imposed martial law in one or more States on more than a dozen occasions since the formation of the Union. Most were declared because of wars, civil unrest or natural disasters. President Trump has more wiggle room in 2020, thanks to John Warner’s National Defense Authorization Act, brought into law by President George W. Bush on October 17, 2006. In addition to allocating funding for the armed forces, it also gave the president the power to declare martial law and to take command of the National Guard units of each State without the consent of State governors.

The Atlantic reported last month on the extraordinary power available to the President simply by invoking a ‘national emergency’.

This delivers more than 100 special provisions not usually available in peacetime. For example, he can shut down many kinds of electronic communications inside the US, freeze Americans’ bank accounts and deploy troops inside the country to subdue domestic unrest. As The Atlantic’s Elizabeth Goitein observes, it would be OK if one trusted the President to do the right thing. But she points to past abuses, such as President Roosevelt’s rounding up and detaining Japanese nationals, even US citizens, after the bombing of Pearl Harbour. More recently, George W Bush supported programmes of wiretapping and torture after the 9/11 terrorist attacks.

As far back as the Civil War, some presidents have had misgivings about martial law. President Lincoln defended the suspension of habeas corpus, saying that while it was constitutionally questionable, it was “necessary to preserve the union”.

It may surprise readers to find that Australia was subject to martial law, notably Tasmania and NSW, during the Frontier Wars of the late 1800s.

Governor Arthur declared martial law (against indigenous peoples) in Tasmania in November 11, 1828.  Soldiers were given the right to apprehend without warrant or to shoot on sight any Aboriginal person in the Settled Districts who resisted them. The edict stressed that tribes that surrendered should be treated with every degree of humanity; and that “defenceless women and children be invariably spared”.

The Tasmanian state of martial law remained in place for three years. Meanwhile, Governor Brisbane introduced his own version of martial law in New South Wales. I have lost count of the Australians who have told me “we were never taught that at school”. Even now, some of the evidence is disputed, but at least there’s enough of it out there to make up your own mind.

Roll forward to 2020 and we have an executive Cabinet running Australia, only recalling Parliament one time, to vote on spending a lot of money to keep the economy in ‘hibernation’. There is a bi-partisan delegated legislation committee to oversee these measures, but how much influence does it really have?

The most sensible analysis I’ve read of this National Cabinet Committee is from libertarian blog, <Cattalaxyfiles>.

The writer describes the Cabinet (the nation’s first ministers – the Prime Minister, premiers and territory leaders), as an attempt at ‘cooperative federalism’. But he argues it has no constitutional authority.

 “The Commonwealth might not actually have the power to do many of the things that are currently being done. The States do. The ‘National Cabinet’ is an unconstitutional fig leaf that allows the States to coordinate their activities while appearing to have a unified national approach.”

Even with just a humble State of Emergency in place, Australian citizens have reportedly been subjected to harassment by police in NSW. Can someone sit on a park bench and eat a kebab? Not if the police have spoken to the same guy twice in the same day, apparently.

Life seems relatively benign in Queensland, compared with zealous police patrols of NSW streets, markets, shopping centres and beaches. Nevertheless, Queensland police have the power to order you to move on (when did they not?) and if you are flagrantly breaking the rules (using a kids’ playground for example), expect to get run in.

But is this anything new?

The National Museum of Australia may be closed, but you can still read online a summary of stern health measures taken by Australian authorities in 1918 and 1919, during the Spanish Flu pandemic’.

“The Australian Quarantine Service monitored the spread of the pandemic and implemented maritime quarantine on 17 October 1918, after learning of outbreaks in New Zealand and South Africa.

“The first infected ship to enter Australian waters was the Mataram, from Singapore, which arrived in Darwin on 18 October 1918. Over the next six months, the service intercepted 323 vessels, 174 of which carried the infection. Of the 81,510 people who were checked, 1102 were infected.”

Despite all best efforts, the illness spread and 15,000 people died of pneumonic influenza, the nation’s name for Spanish Flu. The death toll equated to 2.7 people in every 1000, one of the lowest death rates in the world.

History will show whether or not we can improve on this, more than a hundred years later. Much depends on how long we can all hang in there under virtual house arrest. The cancellation of the Royal Queensland Show (the Ekka) is a clear sign that authorities expect the pandemic to still be around in August.

Authorities decided that exposing up to 400,000 people to the coronavirus was too big a risk. Also, the State government has taken an option over the 22ha Brisbane Showgrounds site for temporary hospital accommodation, just as it happened in 1919, at the peak of the ‘Spanish Flu’ pandemic.

We can only imagine what a blow the Ekka announcement was to the State’s farmers – their annual chance to leave the drought and bushfires behind, put on their best duds and escape to the city.

It’s for the best, they say, but we don’t have to like it.

Further reading: NSW civil liberties advocate Nicholas Cowdery warns extended adjournment is “unacceptable and dangerous for democracy”

https://www.health.gov.au/news/health-alerts/novel-coronavirus-2019-ncov-health-alert/government-response-to-the-covid-19-outbreak

 

 

The future for bushfire volunteers

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A well-attended training night of the Eukey (Qld) Fire Brigade

On my late evening dog walks in the rural village of Yangan near Warwick, it has become customary to wave to the volunteer firefighters as they arrive back at base. If they can lift their arms, they wave back.

These volunteers, known in Australia as ‘firies’, are holding containment lines around multiple fires burning in the ranges around Cunningham’s Gap. The Cunningham Highway between Warwick and Brisbane has been closed for two weeks due to poor visibility and debris on the road. The highway opened yesterday, with restricted speeds on several sections.

As a result of fires at Spicer’s Gap, Swanfels, Clumber and elsewhere in the district, we have been ‘smoked in’ on multiple occasions. On Wednesday, a wind change brought smoke down to ground level as district people turned out for the Festival of Small Halls gig at Freestone.

This event, featuring local lads the Fern Brothers, well-travelled duo Hat Fitz and Cara and British songwriter Blair Dunlop, was a much-needed morale boost after two years of drought and two months of bushfire concerns.

You could be forgiven for not knowing there are tens of thousands of Australians who volunteer as firies. When not involved in extinguishing and containing bush fires, they are often out and about cutting firebreaks. Apart from periodic encounters outside bush fire brigade sheds or local pubs, we don’t see these people, who melt back into the community once the danger has passed. It is important that we do not take for granted the vital services they provide to rural communities.

You hear stories – a note left inside a house, surrounded by charred vegetation. “We saved the house…we owe you a bottle of milk.”

Friends who had a rural property in the Grampians returned from travels, unaware that bushfires had swept through the district. Once again, the land was charred but the house saved.

If there is a risk to the heroic status of rural firefighters, headlines announcing that a teenage volunteer in NSW had been charged with multiple counts of arson, were not what the fire services needed. While the volunteer is yet to have his day in court, he has been charged with setting seven fires in the Bega district and then returning to help fight them.

“Our members will be rightly angry that the alleged actions of one individual can tarnish the reputation and hard work of so many,”  RFS commissioner Shane Fitzsimmons said in a statement to the media.

As explained on The Feed (TV station SBS programme ), bush fires are best managed by a predominantly local, volunteer workforce.

Stuart Ellis, a former Chief Officer of the Country Fire Service in South Australia, said that as fire seasons intensify, the need for firefighters at any one time will vary across Australia.

“It’s difficult to predict when and where the largest bushfires will be;  even once fires start, a shift in wind direction can rapidly change things.

“When volunteers are required, they need to be present in significant numbers and often close to the areas where the fires will occur.”

Local firies are more likely to have the knowledge, familiarity and expertise in fuel, weather conditions and topography

The numbers are impressive – 70,000 volunteers keep the NSW Fire Service going – the largest such brigade in the world. The size implies a huge management task for co-ordinating fire brigades, involving around 900 paid staff. A further 7,000 paid firefighters are employed by Fire and Rescue NSW to handle the metropolitan areas, via some 335 fire stations.

In Queensland, 36,000 people have signed up to the Rural Fire Service, with 5,000 currently active. Volunteers (hereafter known in Australian parlance as ‘vollies’), are in the same category as those enlisting with Emergency Services. They never know when they will get the call, but when they do, it’s an open-ended job with no ‘knock-off’ (quitting) time.

Ellis told The Feed that Australia would be unable to manage the largest fire events without the ‘surge capacity’ volunteers represent.

If you have ever met a ‘firie’, they will tell you they are doing it for the community. Signing up to be a bush brigade volunteer is a selfless task, which for the past 30 years has drawn reliable numbers of people.

But despite the large numbers answering the call to fight spring bushfires in NSW, Victoria, South Australia,Tasmania and Queensland, volunteer numbers are dropping.

A Productivity Commission report shows that 17,000 volunteer firefighters have quit over the past five years. Stuart Robb of the NSW Rural Fire Service told The World Today the main issue was that long-serving firefighters were getting older. In NSW, where vollies outnumber career firefighters 10-1, 40% of firies are over 50.

Robb said people in the age group 25-45 were less able to be involved in community firefighting because of work and family responsibilities.an

The trend is also evident in the US, where a study showed that volunteer numbers dropped from 814,850 in 2015 to 682,600 in 2017. The National Volunteer Fire Council said these were the lowest numbers since the survey began in 1983. The decline in volunteer activity is most noticeable in communities of fewer than 2,500 people. Ageing is a noticeable factor, with 53% of volunteers aged over 40 and 32% over 50.

The US government is working to alleviate this issue, with a grant of $40 million to help pay for volunteer recruitment and retention. Congress is working towards making volunteer firefighters eligible for student loan forgiveness and housing assistance.

Meanwhile, the Australian government has been lobbied by a group of 23 former fire and emergency service leaders. They want the government to declare a climate emergency and commit to investing in more water-bombing aircraft and firefighting resources.

Researcher Blythe McLennan of the Centre for Urban Research at RMIT University says that bushfire volunteering is at a crossroads.

If we are fighting bushfires into the next decade with the same or declining numbers of volunteers, using the same approaches we use today, then clearly the job will be much harder and the demands on volunteers will become more extreme.

One of the major reasons for a decline in volunteer numbers, particularly after prolonged and serious fires, is that volunteer firies may suffer financial hardship as a result of missing days at work.

The Volunteer Fire Fighters Association (NSW) has asked the NSW Rural Fire Service to investigate the feasibility of providing financial support via a welfare/relief fund to volunteer fire-fighters during protracted bushfire emergencies.

Eukey Qld Fire Brigade volunteer Rob Simcocks says it’s not just about time off and lost income, but also the sheer exhaustion and mental health concerns after such big efforts.

“It’s not just the time on the fireline, but also a lot of recovery time where you just have to rest, getting nothing else done.”

He agrees volunteer numbers are declining but thinks the age estimates are conservative, given that his local brigade has an average age of 60.

This reminds me of the story my late father-in-law used to tell, of his time fighting forest fires in the Okanagan Valley, British Columbia.

“I retired when I turned 75 because I was embarrassing the young blokes who told me they couldn’t keep up with me.”

That may be a shaggy dog story, but it typifies the attitude of people who take on a dangerous job to keep their neighbours out of harm’s way.